Court Proceeding from Bryan Carter (SB debt)

[starburst777]

Can anyone advise me....

 

I had a joint loan with LTSB in 2000, following messy divorce in 2001 I was advised by my solicitor to stop paying half the instalments as ex refused to pay. I continued to receive various lettes from various debt agencies over the next couple of years but paid nothing until 2004 when I had a debt management plan with PAYPLAN, last payment for this loan was May 2004, stopped when realised once again ex not paying.

 

Over the next couple of years received around 5 different agencies ad hoc letters, on checking my credit file i had 2 defaults for this debt fom both Lowell and Arrow Global, I managed to get 1 removed and then finally after 6 years in March 2010 the final default came off my file.

 

Recently I starting getting daily phone calls at work, mobile and home from Fredricksons and Bryan Carter solicitor thanks to caller display avoiding all calls and texts.

 

Last week I received legal proceedings in post from Bryan Carter for amount claimed as £6655.85 plus fee £190 & costs £100, debt amount £6242. It only has my name, not joint and for the full amount, well £6242 on recent letter and letter dated aug2004 also confirms this so ex paid nothing during last 6 years either.

 

I attempted to do an IVA sometime between may-nov04 as had other debts but LTSB refused me as they said I was a single mother of two i would not be able to sustain payments!! I had other debts in my own name which after 3 yrs of charges & interest amounted to £18k. In 2005 I manged to get a bank loan of £5k and offered all my creditors full & final settlements except for this joint loan. All 23 defaults finally came off my file between 2008/10, I noticed that Fredricksons have been checking my file in the last 6 months or so withot my permission, is this allowed?

 

As I previously had no CCJ's only defaults, I understand that to satisfy statute barred I have not made a payment in over 6 yrs, neither ex. however I have not acknowledged debt other than my IVA attempt and a letter I sent to Howard Cohen&Co/lewis debt Company but sadly this falls short NOV04. My only hope is that this has been sold on so many times that they may not be able to produce letter?

 

I have acknowledged proceedings in orde to extend to 28 days, BUT i am unsure how to tackle defence, do I go along lines of statute barred, any help would be much appeciated?

[dx100uk]

this need moving to the legal section.

 

i'll get that done.

 

yes i'd go with statute barring defence.

 

its for them to prove it IS SB'ed not for you to prove it IS.

 

there are some threads in the legal section about statute barred debts getting a CCJ

 

do some reading of those too.

 

dx

[Ell-enn]

Dear old Bryan is very busy at the moment, however the moment you defend his action he will most likely discontinue the claim - he doesn't like going to court!

 

You'll get plenty of help on this site to deal with Carter, and you have done the right thing in acknowledging service as a first step.

 

Back shortly with some more info. Someone else may offer help before I get back though, there's plenty folks on here who have tackled BC and won

[starburst777]

Thanks dx, very fast response, my first thread so will check legal section

[MARTIN3030]

moved here.

[42man]

Please read this.....and keep to the timescales... - http://www.consumeractiongroup.co.uk/forum/show-post/post-1742711.html

[starburst777]

SUCCESS *** THANKS FOR ALL YOUR GOOD ADVICE

 

After filing my defence as a brief statute barred the claim became stayed.... and then finally a letter from Brian Carter's and Arrow Global claim withdrawn and no longer acting on behalf of LTSB...

8-)

[Ell-enn]

Excellent ! have you checked with the court that the case has indeed been withdrawn ?